Pan-EU policy on terrorism offences adopted

Incitement to commit terrorist acts, as well as the training and recruitment of terrorists, should be considered criminal acts in all EU states, interior ministers from the group’s 27 member states decided on 18 April.

The acting European commissioner for justice and home affairs, Jacques Barrot, hailed the decision as a measure of “great political and symbolic importance”.

There had been differences of opinion about the rules governing which member state would have jurisdiction over a particular crime, and, in particular, about whether thwarted efforts at incitement and unsuccessful attempts to train and recruit terrorists should be criminalised. Germany, Sweden and the Czech Republic opposed their criminalisation. In the end, a compromise was struck, with member states not being obliged to start criminal proceedings in such cases.

All member states agreed, though, that statements that do not directly call for an attack can be judged to be incitement to terrorism.

Other clauses oblige member states to accept responsibility for crimes committed on behalf of businesses registered in their territory and for crimes committed against EU institutions located on their soil.

The deal stipulates that the punishments for terrorist-related offences should be “effective, proportionate and dissuasive” and includes provisions designed to protect citizens’ rights, among them one that obliges member states to ensure that criminalisation is “proportionate” to the criminal’s aims and to exclude “any form of arbitrariness and discrimination”.

The agreement now needs be formally adopted by the Council of Ministers, which is expected to vote on the issue at the next meeting of its Justice and Home Affairs Council on 5-6 June.